Motion to dismiss

[IRISHMAN642002]

I changed jobs back in Feb. I had to take a paycut to do it. But I will now be a full time teacher and getting full pay which will make me about 1000 more a month. I got behind once on the payment, another payment coming due on Friday, the 30th. I got my letter from the trustee for my hearing on June 12 to dismiss it. I pay around 1070 per month, with 800 going towards my house payment. Here is the question. My house payment is current except for 800.00 for missing the last payment. If they dismiss the BK., can I lose my house? All the arrears are payed. My attorney has worked blessings for me in the past. Also, I told my attorney to tell the trustee to take it out of my paycheck twice a month. So it will be on time. I have been making self payments because I was not sure where I would be working year to year. But now that I have been hired to teach school, I know exactly how much I will make. I filed in Dec. 2004. I have paid 36000 to the plan, with most of it going to my house payment montly and 30% to creditiors, There is really not that many creditiors. Maybe 12-13000 dollars that was actually owed and now only 5,000 owed. My only worry is the house. With my new income, I will make 4100 per month compared to barely making 1500 per month in the past. What can happen?

[IRISHMAN642002]

Also, Do I go ahead and make the payment on the 30th knowing that there is a chance for dismissal?

[rrockinggramma]

send in the payments
go to the court date
and tell the trustee what is going on

you should be able to save the case

[IRISHMAN642002]

What about the house in case he decides to dismiss the BK? I want to know what my options in all of this mess.

[rrockinggramma]

well on June 12 you need to go to the hearing and take with you your teaching contract. As long as you are in the chapter 13, the mortgage lender would have to file a motion to lift the stay to do anything and if the trustee is well aware of the change in jobs and the new payroll deduction etc then the trustee can deny that motion. You should probably ask your attorney at this hearing to modify your plan based on your new information (new job) and then go from there. I think, unless your trustee is a real jerk that you can save this if you bring proof of your new income and employment. You are only 1 payment behind. Ususally the world turns on 2 missed payments which is why I said to make the one on the 30th of May.

[Flamingo]

The first major rule when one is in a Chapter 13 is never to miss a payment. If unforeseen circumstances arise where one may have to miss or be late with a payment, IMMEDIATELY contact one's attorney. I hope you made your May 30th payment and have been on the phone with your attorney or in his/her office since your original posting.

Best of luck to you.

[rrockinggramma]

yes missing a payment is never good in a chapter 13 but most trustee's will take 1 missed if you make it up quickly. 2 missed and the motions begin. Especially 2 missed in a row. I believe the OP was in contact with his attorney who offered not a lot of help. So hopefully the trustee will be willing to work with him at his hearing to keep this going.